LIKE US ON FACEBOOK & SHARE WITH YOUR FRIENDS SO THIS DOESN'T HAPPEN TO THEM
FEDERAL Anti-Steering Agreement: CLICK HERE
(If you are in violation, you could be fined $1 million and jailed for up to 10 years)
Arizona - HB2468 If an insurer or claimant selects a repair facility to repair the insured's or claimant's motor vehicle in which the insurer owns an interest in that repair facility, the adjuster for the motor vehicle shall not be employed by the repair facility or have any direct authority over that facility's recommendations or decisions relating to the repair of the insured's or claimant's motor vehicle
California - 758.5 (a) No insurer shall require that an automobile be repaired
at a specific automotive repair dealer, as defined in Section 9880.1
of the Business and Professions Code. (b) (1) No insurer shall suggest or recommend that an automobile be repaired at a specific automotive repair dealer
Colorado - 10-4-120 An insurer or its agent shall inform the beneficiary or claimant that he or she may select any repair business of his or her choosing, and if the insurer chooses, the insurer may also inform the beneficiary or claimant that the insurer can provide a list of repair businesses for the beneficiary or claimant to consider.
Connecticut - HB5152 Any appraisal or estimate for a motor vehicle physical
Delaware - § 3916No insurance company, domestic or foreign, or any agent or employee shall require that automobile repair work be performed by a particular facility, individual or business establishment as a condition of payment of a claim.
Georgia - O.C.G.A. § 33-34-6 (a) Subject to the provisions of subsection (b) of this Code section, no insurer shall represent to a person making a claim under a motor vehicle insurance policy that the use of or the failure to use a particular repair facility or particular repair facilities may result in the nonpayment of a claim. (b) No insurer shall require a person making a claim under a motor vehicle insurance policy to use a particular repair facility or particular repair facilities in order to settle a claim if the person making the claim can obtain the repair work on the motor vehicle at the same cost from another source.
Iowa - 15.43(3) The insurer shall not require a claimant to travel an unreasonable distance either to inspect a replacement automobile, to obtain a repair estimate, or to have the automobile repaired at a specific repair shop.
Kentucky - 304.12-275Under Kentucky law the consumer and/or lessee has the right to choose the repair facility to make repairs to his or her motor vehicle.
Louisiana - §1892When making a payment incident to a claim, no insurer shall require that as a condition to such payment, repairs be made to a motor vehicle, including window glass repairs or replacement, in a particular place or shop or by a particular entity.
Maine - §2164-C A domestic or foreign insurer or its agent or employee may not require, directly or indirectly, that appraisals or repairs to motor vehicles with collision damage be made or not be made in a specified place of business.
Maryland - You are not required to use a specific auto body repair shop; you may have your vehicle repaired at the shop of your choice. Maryland law prohibits an insurer or an adjuster from requiring that a certain repair shop be used or from recommending a particular shop without notifying the claimant or the insured that their vehicle may be repaired by the auto shop of their choice.
Massachusetts - No staff or independent appraiser, insurer, representative of insurer, or employer of an independant appraiser shall refer the claimant to or away from any specific repair shop or require that repairs be made by a specific repair shop or individual. The provisions of 212 CMR 2.04(c) shall not apply to any approved direct payment plan pursuant to 211 CMR 123.00.
Michigan - (1) An automobile insurance policy and an automobile insurer and its employees, agents and adjusters shall not unreasonably restrict an insured from using a particular person, place, shop, or entity for the providing of any automobile repair or automobile glass repair or replacement service or product covered by the policy. (2) An automobile insurer shall disclose, prior to or at the time a claim is filed with the insurer, whether the insurer has an agreement with any repair or replacement facility to provide a repair or replacement service or product to an insured and shall inform an insured that he or she is under no obligation to use a particular repair or replacement facility.
Minnesota - 72A.201 The following acts by an insurer, adjuster, or a self-insured or self-insurance administrator constitute unfair settlement practices: requiring as a condition of payment of a claim that repairs to any damaged vehicle must be made by a particular contractor or repair shop or that parts, other than window glass, must be replaced with parts other than original equipment parts or engaging in any act or practice of intimidation, coercion, threat, incentive, or inducement for or against an insured to use a particular contractor or repair shop.
Mississippi - § 83-11-501 No insurer may require as a condition of payment of a claim that repairs to a damaged vehicle, including glass repairs or replacements, must be made by a particular contractor or motor vehicle repair shop.
Missouri - 100-1.050 Insurers shall not require a claimant to travel unreasonably to inspect a replacement automobile, to obtain a repair estimate, or to have the automobile repaired at a specific repair shop.
Montana - Effective October 1, 2007, any property and casualty carrier that issues or renews an automobile policy of insurance in Montana will no longer be able to ask a claimant or insured to go to a particular repair shop for the purpose of obtaining an estimate of damages resulting from an auto accident. The insured or claimant has the right to decide where to take the vehicle for the initial estimate and for subsequent repairs of that vehicle.
Nebraska - Nebraska insurance law gives vehicle owners the right to choose which repair facility to use when making an insurance claim. As an insurance consumer, it is your choice.
Nevada - NRS 690B.016 1. An insured or a claimant under a policy of insurance may have repairs to a motor vehicle made at the licensed body shop of the insured’s or claimant’s choice. An insurer of motor vehicles shall notify the insured or the claimant of this right when the insurer is first contacted concerning a claim for damage to a motor vehicle .2. An insurer of motor vehicles or a representative of the insurer shall not: (a) Knowingly recommend to an insured or a claimant, or direct an insured or a claimant to, a body shop in this State which is not licensed pursuant to NRS 487.630; (b) Require an insured or a claimant to patronize any licensed body shop in this State in preference to another such business.
New Hampshire - 417:4 No insurance company, and no agent or adjuster for such insurance company, that issues or renews in this state any policy of insurance covering, in whole or in part, motor vehicles shall require any insured person or entity under that policy to use a particular company or location for the providing of automobile glass replacement or automobile repair services or products insured in whole or in part by that policy.
New Jersey - 11:3-10.3The insured may use any repair facility of his or her own choice. With respect to automobile damage claims, the insurer shall notify in writing any insured who elects to use his or her own repair facility that, pursuant to law, any entity engaged in the business of auto
body repairs must be duly licensed.
New York - (a) Whenever a motor vehicle collision or comprehensive loss shall have been suffered by an insured, no insurer providing collision or comprehensive coverage therefore shall require that repairs be made to such vehicle in a particular place or shop or by a particular concern (b) In processing any such claim (other than a claim solely involving window glass), the insurer shall not, unless expressly requested by the insured, recommend or suggest repairs be made to such vehicle in a particular place or shop or by a particular concern.
North Carolina - § 58-3-180 No insurer or insurer representative shall recommend the use of a particular motor vehicle repair service without clearly informing the claimant that (i) the claimant is under no obligation to use the recommended repair service, (ii) the claimant may use the repair service of the claimant's choice.
Ohio - You have the right to choose which shop will repair your car, unless this right is limited by your policy - to a prompt and good faith settlement offer, based on the terms of your policy - to negotiate with the insurance company's adjuster - to use any arbitration procedures provided in your policy.
Oklahoma -Section 1250.8 Insurers shall not require a claimant to travel unreasonably either to inspect a replacement motor vehicle, obtain a repair estimate or have the motor vehicle repaired at a specific repair shop.
Oregon - 746.280 An insurer may not require that a particular person make the repairs to the insured’s motor vehicle as a condition for recovery by the insured under a motor vehicle liability insurance policy.
Pennsylvania - 62.3 In addition to the requirements in the act, the appraisal shall contain a written disclosure which includes the following: (3) A statement that there is no requirement to use any specified repair shop, (4) If the consumer receives information from the insurer, the information shall include disclosure that there is no requirement to use any specified repair shop.
Rhode Island - 27-29-4(15) When a claim is reported to an insurer, the insurer must promptly inform the claimant (first or third party) of his or her free choice in the selection of an automobile body repair shop. The insurer may not require repairs to be made at a specific auto body shop or interfere with the insured’s or
claimant’s free choice of repair facility. In addition, once the insured or claimant tells the insurer that he/she has selected an automobile body repair shop, the insurer may not recommend a different auto body repair shop.
South Dakota - 58-33-67 In dealing with the insured or representative of the insured, unfair or deceptive acts or practices in the business of insurance include, but are not limited to: Requiring as a condition of payment of a claim that repairs to any damaged vehicle shall be made by a particular contractor or repair shop.
Texas - 1952.301 (b) In settling a liability claim by a third party against an insured for property damage claimed by the third party, an insurer may not require the third-party claimant to have repairs made by a particular repair person or facility or to use a particular brand, type, kind, age, vendor, supplier, or condition of parts or products.
Utah - R590-190 Insurers are prohibited from requiring a claimant to travel an unreasonable distance to inspect a replacement automobile, to obtain a repair estimate, or to have the automobile repaired at a specific repair shop.
Virginia - § 38.2-517. Unfair settlement practices; replacement and repair; penalty. No person shall: 1. Require an insured or claimant to utilize designated replacement or repair facilities or services, or the products of designated manufacturers, as a prerequisite to settling or paying any claim arising under a policy or policies of insurance; 2. Engage in any act of coercion or intimidation causing or intended to cause an insured or claimant to utilize designated replacement or repair facilities or services, or the products of designated manufacturers, in connection with settling or paying any claim arising under a policy or policies of insurance;
Washington - WAC 284-30-390 The following acts and practices of the insurer are hereby defined as unfair methods of competition and unfair or deceptive acts or practices in the business of insurance, specifically applicable to the settlement of motor vehicle claims: (2) Arbitrarily denying a claimant's estimate for repairs (3) Requiring the claimant to have the loss vehicle repaired at a specific repair facility.
West Virginia - §33-6D-1. Required use of particular companies or locations providing automobile glass replacement or repair services or products prohibited. No insurer issuing or renewing in this state any motor vehicle insurance policy, nor any agent or adjuster thereof, may require the insured or any person making a claim under such policy to use a particular company or location to obtain automobile glass replacement or repair services or products insured, in whole or in part, by that policy.
Wisconsin - 632.37 An insurer that issues a motor vehicle insurance policy may not require, as a condition of that coverage, that an insured or a 3rd party, making a claim under the policy, obtain services or parts from a particular vendor, or in a particular location, specified by the insurer.